N.Y. Exec. Law § 845-D

Current through 2024 NY Law Chapter 443
Section 845-D - [Effective 11/16/2024] Criminal record searches: reports for civil purposes
1. When, pursuant to statute or the regulations of this division, the division conducts a search of its criminal history records for civil purposes, and returns a report therein, it shall only report any criminal convictions, and any criminal arrests and accompanying criminal actions which are pending.
2. The provisions of subdivision one of this section shall not apply to criminal history records:
(a) provided by the division to qualified agencies as defined in subdivision nine of section eight hundred thirty-five of this article;
(b) provided to federal or state law enforcement agencies;
(c) prepared solely for a bona fide research purpose; or
(d) prepared for the internal record keeping or case management purposes of the division.
3. Nothing in this section shall authorize the division to provide criminal history information that is not otherwise authorized by law or that is sealed pursuant to section 160.50, 160.55, 160.58 or 160.59 of the criminal procedure law.
4. Nothing in this section shall authorize the division to provide criminal history information that is sealed pursuant to section 160.57 of the criminal procedure law to an entity other than those authorized by such section to receive such information.
5. Except as otherwise required by law, every entity that receives criminal history information for civil purposes shall provide or ensure the provision of a copy of such criminal history information to every individual for whom such information is received with a copy of article twenty-three-A of the correction law, and that such individual be informed of their right to seek correction of any incorrect information contained in such information pursuant to the regulations and procedures established by the division of criminal justice services.

N.Y. Exec. Law § 845-D

Amended by New York Laws 2023, ch. 631,Sec. 3, eff. 11/16/2024.
Added by New York Laws 2019, ch. 55,Sec. II-N-1, eff. 4/11/2020.
This section is set out more than once due to postponed, multiple, or conflicting amendments.